Bartelle v. United States
Court of Criminal Appeals of Oklahoma
Appeal from United States Court for the Western District of Indian Territory; Wm. H. II. Clayton, Judge. Ed Bartelle and Bertha MeCoy-Bartelle were convicted of 'fornication, and they appeal. On the 2nd day of October, 1906, the grand jury of the United States court, sitting at Wilburton, returned an indictment for fornication against Ed Bartelle and Bertha McCoy-Bartelle, who will hereinafter be called defendants.
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Appeal from United States Court for the Western District of Indian Territory; Wm. H. II. Clayton, Judge. Ed Bartelle and Bertha MeCoy-Bartelle were convicted of 'fornication, and they appeal. On the 2nd day of October, 1906, the grand jury of the United States court, sitting at Wilburton, returned an indictment for fornication against Ed Bartelle and Bertha McCoy-Bartelle, who will hereinafter be called defendants. Being placed upon trial, the defendants were found guilty by the jury, and were sentenced to six months’ imprisonment, each, in the United States jail at Fort Smith, Arkansas.…
1Opinion of the Court
FURMAN, Presiding Judge,
(after stating the facts - as above.) In this case the defendants did not deny that they were living together as husband and wife. On the contrary, they admitted that such was the case, and proved that they had been regularfy married. The prosecution did not deny this fact, but prosecuted the case upon the ground that Bertha McCoy-Bartelle had negro blood in her veins, and that therefore the marriage was void and presented no defense to the charge of fornication. The case turned upon this question alone.
The first witness was J. W. Larrison. He testified as follows:
“Q.…
2Cited by2 opinions
- Shive v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Shive v. StateCourt of Criminal Appeals of Oklahoma · 1912